Cumberland v. Frisch & Associates Construction Company, Inc. et al
Filing
16
ORDER granting 13 Motion to Dismiss. Signed by District Judge Carlton W. Reeves on 8/7/2013. (JA)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
BOBBY CUMBERLAND
v.
PLAINTIFF
CAUSE NO. 3:13-CV-245-CWR-FKB
FRISCH & ASSOCIATES
CONSTRUCTION COMPANY, INC.;
GREGORY WILLIAMS d/b/a WILLIAMS
REMODELING; BRUCE INGRAHAM;
JOHN AND JANE DOE 1-10
DEFENDANTS
ORDER GRANTING MOTION TO DISMISS
Before the Court is Defendant Gregory Williams’ Motion to Dismiss, which seeks to
dismiss Plaintiff’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1). Docket No.
13. The sole basis for federal jurisdiction alleged in Plaintiff’s Complaint is diversity
jurisdiction pursuant to 28 U.S.C. § 1332. Williams, however, points out that complete diversity
is lacking between Plaintiff and the Defendants because Plaintiff and Williams are both
Mississippi citizens. Docket No. 14, at 2-5. In response, Plaintiff concedes that complete
diversity does not exist between the parties. Docket No. 15, at 1. Thus, this Court lacks subjectmatter jurisdiction over this action under 28 U.S.C. § 1332, and dismissal is required.
IT IS, THEREFORE, ORDERED AND ADJUDGED that Williams’ Motion to Dismiss
is GRANTED. Plaintiff’s Complaint is dismissed without prejudice.
SO ORDERED, this the 7th day of August, 2013.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE
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